BILL ANALYSIS
SB 666
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SENATE THIRD READING
SB 666 (Bowen)
As Amended September 9, 2003
Majority vote
SENATE VOTE :Not relevant
UTILITIES AND COMMERCE APPROPRIATIONS
(vote not relevant) (vote not
relevant)
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NATURAL RESOURCES 9-0
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|Ayes:|Jackson, La Malfa, | | |
| |Hancock, Harman, Koretz, | | |
| |Laird, Lieber, Lowenthal, | | |
| |Wolk | | |
| | | | |
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SUMMARY : Provides statutory authority to transfer 62 acres for
wetland preservation in the Ballona Wetlands fronting on Santa
Monica Bay, north of the Los Angeles International Airport. This
transaction is coordinated with the pending acquisition and
conveyance of an additional 483 acres, which the State will
obtain partly by purchase and partly by donation. The various,
related land transactions result in the State obtaining title to
a total of 545 acres. Specifically, this bill :
1)Declares that the failure to construct a previously approved
bridge across the Ballona Creek Channel and a road to connect
Culver Boulevard and Jefferson Boulevard and provide access to
the portion of Playa Vista (south of Jefferson Boulevard and
east of Lincoln Boulevard) that is already partially developed
is not a violation of the Subdivision Map Act (Government Code
66410 et seq.) or the California Environmental Quality Act
(Public Resources Code 21000 et seq.) if the following
conditions are met:
a) The project owner or developer, Playa Capital Company,
relinquishes to the State of California the easement over
lands held in trust for the State on which the road would
have been constructed; and
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b) The easement is relinquished as part of a multi-parcel
transaction with the Wildlife Conservation Board (WCB) that
results in the acquisition of a total of at least 400 acres
in the coastal zone in Los Angeles County.
2)Declares that any ordinance of the City of Los Angeles is
inapplicable to the extent it requires construction of the
road and bridge or it otherwise requires a new permit or
subdivision map approval.
3)Requires the State Controller (Controller) to direct the
trustee to transfer the state's trust interest in the parcel
where the road would have been built to WCB for conservation,
restoration, or recreation purposes only, if WCB acquires a
total of at least 400 acres in the coastal zone from Playa
Capital Company, LLC. This parcel was part of the former
Howard Hughes estate and was transferred to the state in trust
as part of the settlement of the Hughes estate's inheritance
tax liability.
4)Declares that the Controller's transfer of the trust interest
pursuant to this bill supersedes any requirement imposed on
the Controller by the Probate Code or the Revenue and Taxation
Code with respect to the disposition or use of the net
proceeds of the trust estate.
5)Declares that this bill does not violate Section 16 of Article
IV of the California Constitution, which invalidates any
special statute if a general statute can be made applicable,
and makes findings of special circumstances supporting this
declaration.
6)Makes this bill contingent on the enactment, by January 1,
2004, of AB 859 (Nakano and Wesson), which reappropriates $25
million from a previous appropriation from the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2000, for the acquisition, protection,
and restoration of the Ballona Wetlands.
FISCAL EFFECT : Unknown
COMMENTS : According to the author's office, the Ballona
Wetlands is the largest intact coastal wetland ecosystem and one
of the last wetlands remaining in Los Angeles County. About 98%
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of the historical wetland areas of Los Angeles County have been
filled and developed. The Ballona Wetlands encompass a variety
of diverse habitats (i.e., estuary, salt marsh, dune, etc.), and
is important to both resident and migratory bird species.
Acquisition will create opportunities for natural resource
interpretation for school groups and scenic open space for
compatible recreation by visitors and residents of the
surrounding metropolitan area.
The parcels referred to in this analysis are delineated on the
accompanying map. The Trust for Public Land (TPL) currently
holds an option from Playa Capital Company, the owner and
developer of Playa Vista, for the acquisition of the
approximately 138 acres comprising Area A and the approximately
54 acres comprising Area B. The option price for Areas A and B
is $139,000,000. The option is currently scheduled to expire on
September 17, 2003.
Upon TPL's subordinating the options to WCB, WCB will purchase
Areas A and B and from Playa Capital. WCB will expend $140
million (the option price plus state administrative costs) for
this acquisition from the $300 million that is continuously
appropriated to WCB by the Water Security, Clean Drinking Water,
Coastal and Beach Protection Act of 2002 (which was enacted by
the voters as Proposition 50 at the November 2002 general
election) for the acquisition, protection, and restoration of
coastal wetlands and other coastal resources in Los Angeles and
Ventura Counties. (Water Code 79572)
AB 859 (Nakano and Wesson), which is pending in the current
Session, reappropriates $25 million that was previously
allocated to the State Coastal Conservancy (Conservancy) by the
Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Act of 2000 (the Villaraigosa-Keeley Act) (which was
enacted by the voters as Proposition 12 at the March 2000
primary election) for the acquisition, protection, and
restoration of coastal wetlands in Los Angeles County. (Public
Resources Code 5096.352(f)) Upon completion of the
acquisitions, the Conservancy, using these funds, will take the
lead in planning restoration of the wetlands and doing some or
all of the restoration work. This bill is contingent on the
enactment of AB 859 by January 1, 2004.
The approximate 62 acres comprising Area C is the property that
was formerly part of the Howard Hughes estate and is currently
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held in trust by the state Controller in partial settlement of
estate taxes owed by the Hughes estate. This bill requires the
Controller to direct the trustee to convey title to Area C to
the WCB concurrently with the acquisition of Areas A and B.
As a further part of this transaction, Playa Capital has already
agreed to donate the remaining 208 acres labeled "Ballona
Wetlands Parcel" and the 83 acres labeled "Ballona Channel Creek
to the WCB. (This bill does not affect the areas labeled
"Freshwater Marsh" and "Expanded Wetlands Parcel".)
These acquisitions are summarized as follows:
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| |Approx. |
| |acres |
|----------------------------------------+------------|
|Area A-TPL option |138 |
|----------------------------------------+------------|
|Area B-TPL option |54 |
|----------------------------------------+------------|
|Ballona Wetlands Parcel-Playa Capital |208 |
|donation | |
|----------------------------------------+------------|
|Ballona Channel Creek-Playa Capital |83 |
|donation | |
|----------------------------------------+------------|
|Area C-state trust lands |62 |
|----------------------------------------+------------|
|TOTAL |545 |
| | |
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Analysis Prepared by : Jeff Arthur / NAT. RES. / (916) 319-2092
FN: 0004098
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